Hooker v. Hicock
Supreme Court of Vermont
THIS was a motion for a new trial, founded on exceptions taken at the trial of the issue before this Court, at the February term, 1825. The case, as allowed by the judge who certified the exceptions, was as follows: Trespass, for breaking and entering the plaintiff’s close, in Fairhaven, described as follows, “being forty acres oif tho north end of a certain lot of land containing sixty-three acres, bounded according to the original survey, and described as follows:…
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THIS was a motion for a new trial, founded on exceptions taken at the trial of the issue before this Court, at the February term, 1825. The case, as allowed by the judge who certified the exceptions, was as follows: Trespass, for breaking and entering the plaintiff’s close, in Fairhaven, described as follows, “being forty acres oif tho north end of a certain lot of land containing sixty-three acres, bounded according to the original survey, and described as follows: beginning on the west line of Poultney, 24 rods north of John Martin’s northwest corner, thence west 10 degrees, north 80 rods;…
1Opinion of the CourtPrentiss, J.
In trespass quare clausum fregit, which is a local action, if the declaration gives the boundaries of the locus in quo, or otherwise describes it with certainty, it must be proved as laid ; and the plaintiff can recover only on proof of a trespass where he lays it. (Brown vs. Hedges, 1 Salk. 290. — Helvis vs. Lamb, 2 Salk. 453. — Bull. N. P. 89. — Drewry vs. Twiss, 4 T. R. 558.) In this case, the declaration alleges the trespass to have been committed at Fairhaven, in a certain close of the plaintiff, lying and being in Fairhaven, beginning in the west line of Poultney, &c. giving the…
2Cases cited1 opinion
- Burrell v. BurrellMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Payne v. GouldSupreme Court of Vermont · 1902
- Noble v. BirdSupreme Court of Vermont · 1949